Category: Personal Injury FAQ’s

There are two well-known alternatives to starting a lawsuit when two parties want to settle a disagreement or other sorts of legal arguments: arbitration and mediation. The procedures are completely different but they are combined by the same idea – avoiding trial. Of course, you can, and as a matter of fact, it’s highly advisable that you hire an attorney to represent you and to protect your legal rights, especially if the opposite party has already done so in advance.

Mediation

This is the procedure under which both parties have the same goal and they are looking forward to achieving it – they want to reach an agreement. This means that there isn’t going to be any kind of outside ruling and that the agreement is going to be reached through negotiations and mutual compromises. Mediation is the dull process in which an outside mediator is going to try and facilitate the discussion without having a say in the final decision. All of the agreements and conclusions which are reached are going to originate from the arguing parties in the first place. Mediation is a procedure which is incredibly beneficial and it might turn out to be amongst the best options if both parties are willing to negotiate a way out of the argument. However only a personal injury lawyer in Kitchener can do it.

It’s worth noting that this is the far less expensive procedure as opposed to traditional litigation because there are no legal fees and you are only going to have to pay the outside and independent mediator for his services of facilitating the entire process.

Understanding the terms under arbitration

Arbitration, on the other hand, is the process where both parties are going to come to an agreement with arbitration. There is an arbitrator involved who is going to be making the final decision. This is much like the judge’s ruling as an outside party is going to be settling the case. In fact, the similarities are far too many so it’s worth pointing out that arbitration is a lot less expensive and much faster than the regular trial procedure.

This is the main reason for which a lot of agreements are going to include the arbitration clause – the parties are obligated under the agreement to seek to resolve the argument through arbitration instead of taking the case to court.

There is a lot of merit to both solutions but it is worth finding out which one would work better in the particular situation. If the parties aren’t inclined to reaching a mutually beneficial agreement they should certainly overlook mediation and go straight for arbitration. Of course, if they are willing to compromise and want to reach the final decision on their own, without relying and depending on a third party – the solution would be mediation.

However, it is essential that if you intend to opt for mediation or arbitration before filing a case, consult a personal injury lawyer in Toronto.

Orthopedic injuries are incredibly common as they occur as a result of almost any accident which is regulated by the personal injury law. In any case, there are various acts such as the Contractual law, Medical normative legislation, Dog Owner’s Liability Act, Occupier’s Liability Act amongst many other Governmental as well as Provincial legislation which sets forth responsibility for causing an orthopedic injury. However, it’s also incredibly important to stress out that orthopedic injuries are usually the cause of different disabilities which are entitled to a different form of prolonged compensation. In some cases, the victims are even going to get disability benefits in the form of a pension, provided that the disability is very long term and there are no foreseeable chances of quick recovery.

Compensations for long term disabilities caused by orthopedic injuries require thorough compliance with a variety of different legal and other procedures. You are going to have to prove the event of the injury in order to seek the compensation. After all, your claim has to be directed towards the at-fault party. At the same time, you are going to have to prove that your particular injury has resulted from the particular accident which occurred. This is the so called causality link and if it’s missing or it’s somehow broken your case is going to lose its merit. After this you are going to have to link the injury with the long term disability. This is done through a medical expertise which determines that the injury is capable and in fact has caused the disability. Only then will you be able to physically claim your benefits and compensations. And your personal injury lawyer in Kitchener plays an important role in ensuring that the

In any case, orthopedic injuries in Kitchener or even in Milton pose great threat. The labor legislation in Ontario even goes so far to define liability for orthopedic injuries sustained by the workers on the workplaces while in working hours as owed by the employer. This is incredibly protective but the main intention behind this particular legislation is fully justified – the employer is considered to be far more economically stable and secure than the employee and thus he should be responsible if something happens to the latter.

Orthopedic injuries can also arise from car accidents, all sorts of motor vehicle accidents, pedestrian accidents, slip and fall, dog bites and many more. This is due to the fact that every broken ligament and bone or dislocated joint is going to be considered to be an orthopedic injury. However, it’s also important to understand that filing for compensatory claims in this particular regard would require the claimant to comply with a specifically designated medical procedure which sets forth whether or not there is an actually sustained injury and how sever the consequences are. Consulting with a personal injury lawyer in Kitchener can help you get more clarity on your case and how much compensation you become eligible for.

You’ve just bought your new car for which you’ve spent thousands of dollars on. It’s a brand new model, straight from the dealership. However, you take it out for a spin and your break malfunctions leading to a terrible accident. It’s clearly the manufacturer’s fault but what can you do in this case? Luckily for you, this is the perfect representation of a product liability case, which is one of the most lucrative fields of expertise in the entire law. However, filing a claim of the kind requires thorough knowledge of different laws as well as a lot of experience on handling the case itself because it would commonly include a jury which you’d have to convince.

It’s worth noting that as per the current legislation on the territory of the province of Ontario, you can file product liability claims under two separate premises – Contractual and Common law.

Filing a claim in Milton under the grounds provided to you by the Contractual law could be incredibly beneficial. The main reason for which is that you are essentially implying a breach of contract which could lead to some serious compensations. Apart from all of the injuries, you’d also be capable of getting thoroughly compensated for the vehicle itself. This is due to the fact that aside from the regular duty required by the common law, there is also an additional duty of care implied by the sales-purchase contract.

Disclose about the defect

This means that the seller is legally obligated to disclose all sorts of information regarding particular defects in the object of the sale. Hidden defects, as in this case, are also grounds for compensatory claims, regardless of whether the seller knew about them or no. In the first case, the claim is going to be dully civil while in the second, depending on the particular situation it could even get to criminal prosecution. However, the case in point which is subjected to personal injury law is a part of the civil law and there aren’t going to be any criminal charges. This is due to the fact that product liability cases seek monetary compensation and not to legally punish the perpetrator through a penalty, provided by the criminal legislation.

It’s also worth noting that unlike seeking reparations under common law provisions, doing so by claiming responsibility set forth through the contractual law, you can exceed the boundaries offered by common law. In any case, the claims which are filed for product liability are going to be extremely high, especially if they involve a fatality. The main reason for this is that they are usually targeted towards influential companies with billions of dollars in capital.

Surprisingly enough, a lot of people don’t seem to lay a lot of attention on the matter surrounding dog bites and the liability of their owners. The main reason for this is that dogs are overly thought of as domestic and loyal pets that are anything but dangerous. However, this is not always the case. Some animals become incredibly vicious for a variety of different reasons and they are capable of inflicting truly terrible damages to people or other domestic animals. The shock of an attack by a dog can also cause severe psychological problems.

In fact, recent surveys held in Ontario show that people who have been bitten by a dog never really get over it and are uncomfortable a lot animals throughout their entire life. This is quite a burden to bear, given the involvement of animals in our everyday life. However, the law holds the liability for this kind of accidents incredibly strict. It’s clearly set forth within the Dog Owner’s Liability Act which has been in force since its enactment back in 1990 on the 31st of December. Interestingly enough, the law hasn’t been amended ever since which means that the legislators have succeeded in their task to satisfy the social requirements.

In any case, the liability under the Act is described as Strict Liability. This is basically the most severe type because it doesn’t require actual presence. As per the regulations set forth by the Common Law, strict liability can be defined as the legal obligation that one would have to repair the damages caused by him or his belongings regardless of his culpability. The culpability, on the other hand, is an institute which extends or shortens the liability as per the moral standards which the current situation dictates. In any case, the Dog Owner’s Liability Act disregards culpability which means that the owner would be liable regardless of whether or not he wanted the accident to happen or he had no idea of its occurrence.

At the same time, the liability is rather extensive. This is mainly due to the fact that the injuries, both emotional and physical, can be incredibly damaging for the victim. With this in mind, the legislation extends the amount of liability and holds the owner accountable even in the case in which he wasn’t present to the accident. The only chance of him to get a reduction is in the case of the so-called contributory negligence. In this scenario, the victim is also in partial fault because he had some sort of contribution to the occurrence of the harmful accident e.g. the dog bite. In any case, this has to be undoubtedly proven in order for the jury to reduce the liability. That is why contacting a reputed and experienced lawyer is important. They will assist you to get maximum compensation for dog bites or mauling that has left you with injuries.

Being involved in a car accident on the highway can be one of the most horrible things that could ever happen to you. The event is incredibly traumatic, it often ends in terrible injuries of all kinds and sometimes even in death. In any case, you should consider pursuing your legal rights, provided you are on the side of the law in Lindsay. If you aren’t, then you have to think about a great defense strategy.

In any case, you should be thoroughly aware of the fact that the country of Canada is divided in different provinces, each of which is authorized to issue legislative acts which are separate and can differ from the ones enacted by the Canadian government. The state of Ontario, however, doesn’t have a lot of legislative differences when compared to the Governmental law. However, there are a few things that you ought to know if you’ve been involved in a car accident on the highway as it is covered under the Highway Traffic Act or the Criminal Code, if there has been dangerous driving. The penalties and jail sentence are some of the punishments if convicted.

You must make sure to get the relevant and legal information if you’ve sustained some sort of injury. This is intended to help you later on when you file your injury claims. You have to comply with all the legal procedures in case. You have to remain at the site of the accident. However, if someone is hurt, you have the absolute legal obligation to help them. This doesn’t mean that you should provide them with medical assistance – you simply have to call the emergency number and get the ambulance or the police going.

Make sure to get the other vehicle’s license plate as well as the information regarding the driver. This is rather simplified because you are legally obligated to do so. If there is someone who’s injured, the police is generally going to come at the scene but if there isn’t you’d likely be redirected towards the Accident Reporting Center.

You also have to notify your insurers. But before you do so, it’s highly advisable that you contact a lawyer so that he could provide you with actual information that you could rely on and not get manipulated by the insurance company. In any case, after you open the report of the accident you have to file your claims in a timely manner. Once this is done, the insurance company will start looking into it. This is why you should be really well aware of your rights so that you get all that is rightfully yours. The insurance company is going to be provided with the right to inspect your vehicle in order to determine the amount of damages that has to be paid. In any case, the procedure isn’t overly complicated but it’s time consuming and requires knowledge of the respective regulations. Depending on a professional Lindsay lawyer is your best bet.

Revisions to the Statutory Accident Benefits Schedule that went into effect on the 1st of June, 2016 will change the way in which auto insurance covers attendant care. This benefit will be eliminated for accident victims if their injuries are not classified as being catastrophic. For these individuals, the most significant change is financial as these were paid from a fund that was separated from those that covered medical expenses and rehabilitative care.

As of the date these revisions went into effect, they will all be paid from the same fund. Currently, the maximum benefit amount stands at $36,000 in cases where an individual has sustained non-catastrophic injuries. Once these revisions go into effect, the funding will be reduced. Consequently, the attendant care benefit limit will be shared with the medical and rehabilitative care benefit limit. Essentially, attendant care will now be in direct competition with other types of therapy. Consequently, those individuals in these circumstances could benefit from retaining a personal injury lawyer team in Lindsay.

So what does this mean? Basically, this places an added burden on a case system where individuals who have sustained non-catastrophic injuries will run out of attendant coverage despite their injuries being serious enough to warrant surgery or other care. For those injuries that are classified as catastrophic, those benefits along with the aforementioned ones will create considerable problems for individuals who have not sustained catastrophic injuries. This can be worrisome situation for many invalids.

The attendant care benefit is currently $1 million but as of June 1st, it will be sharing that benefit with medical and rehabilitative care. Given the severity of catastrophic injuries, attendant care is going to take a back seat to surgical procedures and other therapies. It goes without saying that $1 million will not cover attendant care for rest of your life if you have suffered catastrophic injuries and need ongoing medical attention. So how can it possibly cover that ongoing medical and rehabilitative care as well?

Ironically at first glance, it appeared that the extension of time (from 2 years to 5) that was allowed for collecting attendant benefits was very positive in and of itself. But the maximum limit amount did not increase in corresponding fashion. Statistics already had shown how attendant care benefits were running out for patients who had sustained non-catastrophic injuries. So the question that personal injury lawyer teams in Lindsay were asking was “how did increasing the time limit benefit these injury victims?”

The bottom line is that these SABS revisions are going to cause additional problems for injury victims who need these attendant care benefits. Furthermore, doctors and other healthcare providers will be hard-pressed to provide higher-quality medical care when there aren’t enough funds to pay for it.

If you have been injured and require legal assistance, it helps to work with experienced lawyers that have handled similar cases before.

One of the most risky workplaces is a construction site. The danger of getting injured is high at multi-floor under constructed buildings as you might pass under it and get hit by a falling brick or cement bag. If you are somewhere up on the scaffolding, the chances of falling from a height is always there or you might just slip. Thus, if safety precautions are not adhered to, personal injuries abound. And that is when the personal injury lawyer needs to step in. However, if you do suffer with an injury, then calling on the assistance of a personal injury lawyer is a must. They will help you with filing the compensation claim with the Workers Safety Insurance Board (WSIB). To ensure that you get the compensation you deserve, there are some things that you need to do after the unfortunate accident has occurred.

Things to know about the construction site

Know about the owner of the construction site. To determine liability, the interaction between your employer and the construction site owner needs to be clarified.

Did the property owner interfere with the safety at the construction site or put limitations that compromised with the safety leading to injury.

Has negligence of your employer led the injuries?

Are there sub-contractors working from different companies at the site? Have they compromised with safety?

As most of the sub-contractors are brought in from different companies, not all of them have the same level of safety standards to adhere to. If they are one of the reasons of your injuries, they are partially liable for the personal injuries you sustained.

What to do when you are injured

The first thing that you need to do is seek medical care for the sustained injuries. Make sure that all injuries, treatment and medical costs are documented properly.

Notify your supervisor and report the accident. It is essential that you adhere to the Occupational Health and Safety guidelines as per your employer’s policies.

It is important to document the circumstances and location of the accident. This will include the condition of safety equipment, type of safety devices used, state of the site where construction is going on.

If safety equipment has manufacturing defects, the manufacturer is liable for part liability in the personal injury case.

Keep contact information of witnesses because when the case is filed and legal action is needed, witness testimony will play a part in defining liability.

Preserve any evidence of equipment failure if that was the reason of the accident

Additionally, it is important to file a claim as quickly as you can. Most of the claims are rejected because they were filed much after the accident and crucial evidence is lost. It is important to document your injuries, recovery and treatment apart from tracking the medical care and cost incurred. When you hire a personal injury attorney in Ontario, provide all of this information so they are able to work and draft a solid case.

There are many instances when you are left injured and disabled, without employment after an accident. To help you through this difficult time, plenty of insurance companies offer benefits of long-term disability which are a part of the employment benefit package.To ensure that you need to fulfill the eligibility criteria of ‘total disability’ before you can be compensated for the claim. This means that you are unable to fulfill the regular duties and go to work because of the injuries and illness. However, it does not mean you are incapacitated completely but it signifies that you need to rest and recover to lead a better quality life. This includes any employment even something that you can do.

The insurance company will conduct a complete examination apart from looking at the previous medical documents and reports to ensure that you do meet the total disability criterion. If the examination indicates that you are disabled for years or months, you will qualify for long term disability claims. You need to know that this claim benefit is different WSIB insurance that covers injuries and accidents.The disability claim ensures that you get a part of the wages till you return to work. Disability insurance ensures that it covers all illness and injury that prevents you from working, irrespective of when the accident occurred. As employment insurance covers your expenses in the first 119 days and the long term disability takes on from the 120th day.

Additionally there are many people that get access to benefits of short-term disability to tide over the period before the long term benefits start. This lasts till the individual is 65 years, but it is not necessary. Most of the recipients get evaluated every 2 years while the criterion of ‘total disability’ changes over the years.

Reasons to deny claim

There are number of reasons for a long term disability claim to be denied. These can lead to court cases and disputes. These are:

Lack of evidence of disability: This ensures that the insurance company was not able to measure and diagnose the level of disability. As pain is not objective but subjective, it becomes a ground for such disputes.

Lack of restrictive injury: This limits your ability to work and the insurance company assesses that your illness/disability does not have total disability. This can lead to error by the insurance company does not understand the nuances of your job.

If you are not disabled: If the insurance company does not consider your disability as total, your claim will be rejected. Surveillance by insurance company can be an important reason to prevent fraud. It is important that personal injury lawyer, is consulted before the appeal process begins.

Most claims come under the purview of Statute Of Limitations which is two years from the time of disability or accident that led to the current health conditions. It is better to hire the services of an experienced lawyer before you file the disability lawsuit.

Personal injury law is versatile and broad. That’s a fact. The reason for this is because it encompasses a large variety of possible causes that could lead to a case of that particular category. At the same time the cases themselves pose a great interest because there are different ways that they could develop into. Right of the bad, it’s important to understand that every province in the country of Canada is capable of coming up with its own particular legislative provisions which are going to be applied on its territory. This is particularly interesting but it’s also important to note that these provisions can’t contradict to the governmental statutes. However, this suggests that the city of Kitchener is going to be governed by the rules set forth by the province of Ontario.

Filing a compensatory claim for damages suffered in an accident is definitely not something that should be taken lightly. You can claim both physical and emotional damages as the law doesn’t make a difference between them when it comes to having merit for a case. However, the amount of compensation which is to be expected is greatly different. While there are currently no limits to your claim when you are seeking compensation for your pecuniary damages, a ruling of the Supreme Court of Canada issued back in 2004 makes it pretty clear that non pecuniary damages can be as much as $300,000. This means that you should fir your claim somewhere in the range between $1 and $300,000. However, if your claim is for more money than this, the court must reduce it accordingly.

Types of damages

Pecuniary damages can be based on documents. In fact, that’s the only way to prove that they have actually incurred. You should keep your medical bills, apothecary receipts and basically every single piece of document which states that you have made expenses in relation with your damages and their recovery. These are the only pieces of documents which you could use to prove that you have actually made those expenses.

Non-pecuniary damages on the other hand can’t be based on particular documentation. These are the so called pain and suffering and it should be based on things which are quite different from documents. For instance, the most common way to prove non-pecuniary damages is to call up a specialist to the stand who is then going to testify that the patients’ condition is indeed worse. The judge has to take these testimonials into consideration and come up with a discretional ruling every single case individually. Non pecuniary damages are incredibly important and they should be taken with the greatest care. Proving them is definitely not easy and a lot of effort should be made in this regard. Working with a good lawyer should be the first step to seek justice.

Personal injury law is an incredibly vast area which envelops a lot of possible causes that could lead a case to be put into this particular category. This is because it involves characteristic behavior of a person which has to be negligent and it has to cause other people injuries. As a result, the injured has the legal right to claim compensation through a claim and the court. The claim should be addressed towards the perpetrator and it should demand a certain monetary compensation for the damages that he had to incur. Of course, it’s really not as simple as it may sound.

The claim has to be properly addressed. The city of Kitchener is within the boundaries of the state of Ontario in Canada, which means that the provincial law is going to take precedence over the governmental laws. As per the procedural regulations set forth in the regional legislation, the claim should be filed in the court on the territory of the city in which the accident has happened. Unlike Contractual and Common law, where the competent court is going to be the one located where the current residency of the defendant lies.

Other important things to be considered when dealing with personal injury claims are preclusive terms. These are such terms which are stipulated within the lawful regulations which demand that a certain legal action is taken in a certain period of time, pre-determined by the law and stipulated in a statute or an act. This is a fair solution and even though there aren’t many preclusive terms, they truly bring a lot of advantages because they help to move the whole procedure a lot faster.

However, the most important act is called the Statute of Limitations and the terms stipulated by it, are preclusive. This means that the right is going to be precluded once the term within which it had to be exercised passes. However, the court is not obligated to follow preclusive terms and in order for it to take effect the opposing party should make an objection and expressly state that the term has passed.

The different injuries derive from different accidents and the laws that govern and regulate them are also various. For instance all kinds of dog attacks and bites which have led to a certain injury of a third party or another domestic animal are regulated by the Dog Owners’ Liability act which puts the responsibility of the owner within certain limits. Another example for an act governing a large part of personal injury cases is the Occupiers’ Liability act which governs accidents related with slip and fall mishaps which are probably one of the most common reasons for compensatory claims in the city of Kitchener.